Threat to Cause Death or Bodily HarmThe offence of uttering threats is listed under the "Assaults" section of the Criminal Code of Canada. It is a hybrid offence, which means that the legal risk (jeopardy) for uttering a death threat, or a threat to cause bodily harm, can vary greatly.
In R. v. Clemente [1994] 2 WWR 153, pages 8-9, the Court of Appeal of Manitoba explains that not all threats should attract the attention of criminal law, and its arsenal of punishments: [N]ot all threats are truly threatening or intended to be so. Innocent words are sometimes misconstrued as a threat; words of annoyance are sometimes converted into a threat by the use of hyperbole; and words spoken as a promise of harm are often not intended as a promise meant to be kept or, if so intended, are quickly regretted without any harm being done. If you have been accused of uttering a threat, you may believe that you were justified to do so in the "heat of the moment". This does not necessarily mean that the court will acquit you. A seasoned criminal defence lawyer can help you understand and effectively deploy the defences available to you.
If you have been accused of threatening someone, you should get expert representation as soon as possible. Call us now for a consultation. |
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